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Lawyer: Navy sexual-assault case will move forward

By JESSICA GRESKO Associated Press

Updated:
02/25/2014 07:07:58 PM EST

WASHINGTON—A lawyer representing a former Naval Academy football player accused of sexual assault says the case against his client is going forward after a military judge rejected a request to dismiss it for lack of evidence.

Jason Ehrenberg is one of the attorneys representing 21-year-old Joshua Tate of Nashville, Tenn. He said Tuesday that the judge told lawyers on both sides during a conference call a day earlier that the case would continue.

The defense had argued that prosecutors don't have the evidence to prove the central theory of their case: that the woman Tate is accused of sexually assaulting was too drunk to consent to sexual activity.